The Veteran's TDIU claim is dismissed as moot since he had a combined 100% schedular rating for his service-connected disabilities from July 2009 onwards, but not with one rated as totally disabling.
The deciding factor: The Veteran had a combined 100% schedular rating due to multiple service-connected disabilities, which rendered the TDIU claim moot.
- Claimed conditions
- Major depressive disorder with anxiety and panic disorder agoraphobia, Lumbosacral strain, Peripheral neuropathy of the right upper extremity, Headsaches, Diabetes mellitus with erectile dysfunction, Peripheral neuropathy of the left upper extremity, Degenerative spondylosis disease of the cervical spine and cervical strain and spasm, Prostatitis, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 20, 2020
- Citation
- 20074519
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Board granted a disability rating of 50 percent for the Veteran's left shoulder disability and service connection for peripheral neuropathy of the left upper extremity, both secondary to his service-connected left shoulder disability.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
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